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20121007
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consumption on the premise. so the san francisco law is very clear. there is no smoking indoors or outdoors for any type of establishment that serves food or beverages. and mr. ahmed the choice to violate the health code by allowing his patrons to smoke indoors even after our meeting, even after i denied the exemption application, and even the follow-up phone calls that we had in 2010. i also sent a notice to comply. that was in 2011. and then there were two notices of violations that were issued in february and may of this year. so because of the continued repeat violation, the department ordered a cease and desist of smoking inside of the cafe, also insisted the complete removal of all smoking products and smoking devices, and a 30 day suspension for the tobacco permit. now my last meeting with mr. ahmed was june 19, 2012 and he showed me his new product that he wanted to convert to, which is these rocks soaknd jis rin and the glycerin is infused with flavors. i went last night and wanted -- to observe the operations. so it was the same huka pipes being used, the smoking devic
. legislation that we have before us strengthens an existing law, to restrict this practice known as hotel evasion. in 1981 the passage of the apartment conversion ordinance, which is second, 41-a of the administrative code made it illegal for residential propertis with four or more units to be occupied pore for less than 30 days. unfortunate le what we have found in recent years there has been a problem that has persisted due to enforcement challenges and a loophole in the law. in recent years we have seen many corporations sidestep this law by signing long-term loiss with property owner ises that their non-san franciscan employees can use the apartment as short-term corporate housing or tourism residential housing. so for example, as an example, in my district, the tenants at the large golden gateway [kph-efpl/] have experienced corporate employees and guests that come in and out of their buildings just like a hotel. based on rent board record there's are an estimate of dozens of these units that are leased by corporate entities. this not only creates quality of life issues for neighbors
size would have the same spending obligations as laid out in the law, and he and i have had many conversations where he's made it clear where that was always his understanding, and late 2010, several workers and their advocates came to my office to explain that in their view, employers had found and were exploiting a loophole in the health and security ordinance, a small number of businesses of employers were voiding the majority of their spending requirement by allocating money to what is known as a health reimbursement account. often, using these accounts to severely restrict the types of services that the accounts could be used for often providing no notice of the existence of the accounts to their workers and then reclaiming the majority of money allocated to those accounts at the end of the year. we also discovered that many of these employers were profiting from the law by charging surcharges in the name of employee health care and then pocketing the majority of the money that was collected from consumers in san francisco. so, given that workers were not receiving the healt
by federal law, it's not an easy solution, but the vast majority of san francisco businesses provide insurance and the vast, vast majority of son fra*ns businesses are spending required amounts of money, every survey and report by your agency show that and supervisor campos has acknowledge hated but there is an issue with some categories of business, but we're working together, small business associations, the chamber on educating employers and employees on the rights and obligations under this law. we've worked with television ads on cable television, the city, websites, direct communication with members, thousands of employers have been communicated with by our organizations and by the city to understand how to make this work for the employee and how to make it work financially for the employer because you have to remember in the last half a dozen years, the cost of small business to employ entry level workers in san francisco has gone up 50%. that is health mandate, sick leave, minimum wage, things we believe in, things that as san franciscans we support but things that have a tre
the observation of mr. nee. because the sunshine law, 65.24 is far more clear than the public record section as defined in the state law. and i would like to point out that it says in section 67.36 of sunshine that, the ordinance supersedes all other local laws. this is the governing law of official conduct in san francisco. so if i go to the san francisco police department and i want to look at records of a case that is closed. i shouldn't have any problem from the san francisco police department saying no, we can't share any tape recordings with you. or we can't share any evidence that was collected both audio and video with you. where in fact if the case is closed, those are public records. specifically if i want to apply those to commissioner harris. this is important. and i am surprised you looking at me shocked. this is what you get if you spend 10 months on ross mirkarimi railroading him and 10 days trying to push this through. and it doesn't give us an idea of the information and i excuse me me mr. st. croix i was not able to read the documents of this meeting. but i wasn't able to r
including community leader sam ladder. after graduating from u.c. berkeley and hastings law school, bob joined a family firm and became active in numerous civic organizations, particularly within the jewish community as well as on our san francisco human rights commission. he also had a love of politics and successfully ran the mccarthy campaign for the board of supervisors. and i know that he will be missed dearly by the community and his family. my third in memoriam is for gary cray who is known by many in the telegraph hill community, my district, as the filbert steps gardner. gary tended to the gardens of the filbert steps, which is one of our city's great hidden treasures for more than three decades. and he took care of the sprawling garden as a volunteer. it was truly a labor of love for him and he was never paid a dime for t. he worked his hearts -- poured his heart into his work to create a clean, green and serene space that many in my neighborhood and throughout the city have grown to love and appreciate. in addition to caring for gardens, he was also someone who was dedicated
year, and to just respond to the concern that that data is from before the change of law took effect that places restrictions on the ability to give us the health surcharge when we're not spending the money on health care, etc.. >> i'm matthew cohen. i'm glad to be before the supervisors, for one thing, this is the information we had, and when we saw this information, we found that even though we knew more information was going to come out subsequent to that, this is really indicative of a process which we felt was not something that you can merely look away from even with the amendment that was passed, and for one thing, i am kind of concerned that even though money is supposed to be set aside for workers and if you're using the hra's, if the private employers and a considerable amount of them employ their own accounts, this discourages employees from coming in and basically you're telling their employers what you need the medical expenses for, it's an invasion of privacy, i would rather, it's nothing we saw in the revised legislation that actually standardized guidelines, as far as
are entrusting you with additional funds to you can go out and ensure that these laws we placed on the books are taken care of. >> and just a point on that, my understanding is that a lot of that money will deal with the backlog that olse has -- adding additional resources. >> we have a number of other departments, olse had a lengthier presentation, hopefully we can move more expeditiously in the other departments. so, we'll now move to the department of public health. welcome. >> thank you so much, supervisors, i want to give you a sense of the city option we've been talking about, then go into the department of public health response tos the civil grand jury report, so we used the term healthy san francisco broadly within san francisco, but we're really talking about from the department's perspective in terms of our response, the city option. that is the option that allows an employer to indicate that they would like to contribute dollars to the city and county of san francisco and their employees will get either eligibility for healthy san francisco and enroll in that program or their emp
of noncompliance of the state law and should be a policy of the commission for that provision. that's one thing. and the other thing i wanted to point out is that the agenda for tonight did not include the minutes. just said that you were going to vote for the minutes. it would be nice if you could put that to the next meeting for those of us who have not seen those have a period to comment. thank you. >> good afternoon, commissioner hur and ethic commissioners. i am troubled that you scheduled my two cases on today's agenda. it's unethical for the ethics commission to even decide a case involving your own executive director. and the whole case should have been transferred to another jurisdiction. not just for developing a recommendation. but for holding any sort of public hearing on the matter. mr. chatfield, when he transferred my case to san jose. noted in the cover mail, quote, the ethic's commission regularly handles cases for the sunshine force act. and however cannot be (inaudible) as executive director is the named respondent in both claims, end quote. it should be argued that the ethic
's actually 6724 that defines what records must be disclosed. the state law into what public information is. >> so i need 6724. >> 6724. >> 6724 actually tells you what -- >> okay. put that on the list for now. that is a fairly important issue though i think. as we define what the public records are, we need to be confident we have that right. >> through the chair an additional point on l. misnumbered l. i will be really brief. >> really brief. >> at the tail end of the sentence it says that a willful violation of sunshine ordinance by elected official or department head occurredment i think you are continuing to drop the key phrase of 6734, that it's elected official department head or city managerial employee. and you should not drop the term, managerial here or throughout the rest of the proposed recommendation. >> okay. referral. means a written document from the task force to the commission initiating an ethics commission complaint. i think that definition can be modified to reflect that the referral is a document from the task force finding a violation of the sunshine ordinance. >> ea
that although there is a law and we can tell people that, and then you know, there is not very much comfort in that, because then the next thing out of our mouths is, but it's not really monitored, enforced and there are some tools missing that we really need to do proper enforcement. so this is really commonsense measure, i think. it's simply strengthening a law that we already have. it's already been determined that there is a need for it. we have already agreed that it's a problem and that we want to control this and contain this issue. and this will actually give us, again, the tools that we need to ensure that that happens. i have noticed that no one is here from pharmaceutical or the gap or google or wherever the list that janine had. and i think i haven't heard any opposition generally to this and that is because it would be so brazen to show up here today and say, no, we think it's wrong for you to restrict our ability to make a profit at the expense of san francisco renters. who are holding on to their homes in this increasingly unaffordable housing market and that is telling. aga
to residents that are considered by existing law to be displaced temporary or permanently. add the term "comparable to the definition of, "replacement units." this change is accepted and revised in order to mintain consistency with federal law. remove "relocation apeas board," references. this change is accepted in two parts. for the purposes of he relocation plan review, the appeals reference was removed and replaced with "the city funding agency." any project that is funded by a city agency will require that agency to review the relocation plan for compliance with local polices and issue a non-binding advisory statement. all relocation claim appeals will be heard about an administrative law just from the rent stabilization and arbitration board. language was added in order to authorize the board to conduct hearings. and time change public housing development project definition to "hope sf public housing development project." this change was not accepted. it's the goal of the legislation to provide the right to return to all public housing residents that are being displaced. >> thank
, disagree partially. under the previous law, this could be have been a case under the recent amendment ts, this issue was addressed in a var iet of ways including posting and quarterly notice requirements so employees are aware of their benefits and how to use them and by requiring all unused monies to remain with the employee for 24 months, the law now requires that any benefit plan must be structured adds to be reasonably calculated to benefit the employee, olse has the authority to not be designed to benefit the employee and it should not be a qualified..[reading].. the new law that went into effect in january 1, 2012 pertains to that. they are administered by a third party according to to olse's data, 85% of employees use third party administrators or provide the type of benefit that would not be able to provide health information, many employers build in other safeguards that make sure that private health information remains confidential. and then with regards to the fourth response to recommendations around disallowing the use of employee hra options, i would recommend that it state
behind the most of the people being evicted out of the city of san francisco in terms of the laws that they lay, what they're, the arrogance of their position. when you have the residents go before them because they are not being, they are not under the eye of observation. then you really see the bad side of why you need to bring this organization to the light where they could be observed. i think it's a good thing but by the same, we need it done like 25 years ago. >> thank you. >> thank you very much. next speaker. >> my name is [inaudible] ladies and gentlemen. the history goes back to 25 years ago to the housing authority and my statement i have been using at your commission for years, ain't no mystery, check your history. ladies and gentlemen, there's deeper history in what we're talking about with the city government channel. i'm the one that started that, i'm not going to get the hand for that because of same things the housing authority tenants went through 20 years ago. ladies and gentlemen, i am happy, tickled not pink by black right now because most of the tenants are a
that taking this together that this body of law gives you the authority to order disclosure of records. or that you have the power to order anything that it's limited to record, and more broadly enforcement. let me conclude with a couple other things. >> you it turn it back on. >> the votes of three commissioners are required. what happens when you only have four commissioners present? does that mean that the matter dies? it doesn't address that and has a presumption built in there somewhere. i am not sure if that makes sense. and more importantly in terms of the administrative orders. nothing in here suggested that the commission could make a finding that a violation is willful. and that's to me the most important thing in 3764. if a commission finds that an act is willful, it shall be deemed so. >> i don't think we have gotten there. >> no? >> you are talking about willful violations that are -- you are talking about willful violations based on findings that are made by the task force. okay. >> or made by the commission. in any event, a finding if you look at 64.34, if the commission
-day suspension of a tobacco product sales permit. reason for suspension: violation of state law and the san francisco health code which p tobacco products. director's case no. smk12-06. we will start with the appellant's agent and you have seven minutes. >> thank you. abraham -- appearing on behalf of mr. ahmed. the reason for the appeal is the decision of the department is that it is overbroad and punitive. in addition we request a -- that the board review de novo the denial of the exemption request that the appellant submitted timely in a timely fashion. the smoking of huka pipes and the enjoyment of the camaraderie that occurs around that have great cultural significance. unfortunately, the smoking ban in san francisco allowed the huka bar to fall through the cracks of that regulation. as i stated in my brief, mr. ah med because he is a muslim is not able to sell alcohol and it does not comply with regulations regarding bars or tafns s -- taverns so he could not fall within the limited exemption to the ban. when he submitted the exemption he put a little box written next to i
city's living wage law, sick leave, health care and all the compendium or payroll tax, all of the variety of cost of doing business and this is why i think i understand from what you're saying, that would be harder to prosecute, i completely understand that. we may decide that's a problem, but i think that's what i hear you saying, you're not necessarily saying if the surcharge was on health care and that money was not used for health care, that that would be -- to me, that's much more clear cut situation. >> that's exactly what i'm saying but i do want to say it's not theoretical, without going into the open investigation that we have, i will say that it was obvious to me as i think it was to the grand jury that they're moving to a broader surcharge language, at least a number of them are and that trend may continue, so that the ability to track exactly what they're taking in and what they're paying out and whether or not they're making any type of misrepresentation to their customers is more difficult. >> thank you, logs, any -- colleague, any additional questions. er >>
dissolution law. >> item 4, supervisor olague. aye. supervisor wiener, aye. supervisor avalos? aye. supervisor campos? no. president chiu? aye. supervisor chu aye. cohen aye. supervisor elsbernd? aye. supervisor kim? aye. supervisor mar? aye. there are 9 ayes and one no. >> the the ordinance is finally passed. item 5. >> item 5, ordinance appropriating $54 3.2 million from the proceed of sale of bonds for cap fail improvement projects to the airport commission for fiscal year 2012 through 2013 and placing appropriation and control is reserved pending the bond sale. >> roll call vote. >> on item 5, supervisor olague? aye. wiener? aye. supervisor avalos? aye. supervisor campos? aye. president chiu? aye. supervisor chu? aye. supervisor cohen? aye. supervisor elsbernd? aye. supervisor kim? kim aye. supervisor mar? aye. there are 10 ayes. >> the item is passed. the ordinance is finally passed. item 6. >> item 6 is an ordinance amending the transportation code to restrict large vehicle parking between the hours of 12:00 a.m. and 6:00 a.m. from the municipal transportation agency signs are posted pro
signed it on november 25th. so, it became law december 25th, christmas morning. okay. this is the same bill when it was going through. the yellow tag is from tom rivard who was our noise man. and who just recently retired, he basically wrote it. he sent it to me during -- when it was going through [speaker not understood], section 29 09 deals with your issues marked by green. all the best. tom rivard. and this is basically residential property noise. they can go, if you build something, remodel something, you can go five decibels above what we heard last night. that's noise. and on the other page it will say commercial places can go 8 decibels. and we know that when you go to 10 decibels, basically you're doubling the amount of noise. and we'll end today, that's the noise map of 2009. and the deeper colors, that's a lot of noise. that's a little noise. but it's all one [inaudible]. thank you. >> thank you very much. thank you. next speaker. >>> good afternoon, honorable board of supervisors. [speaker not understood] and i am [speaker not understood] living in the mission district in sa
for everybody's edification, the reason the law came into existence, which is the law that set up the security plan, was because the ywca rented a place out for a birthday party, and a 15-year-old kid got shot because it wasn't a birthday party. >> thank you. and is there any public comment relating to this license application? okay. seeing none, the matter is with the commission. to do we have a motion? >> i move to approve this permit. with the conditions that they notify mission statement of all llp-permit style events and come up with a security plan for said events. >> okay. is there a second on that motion? >> i second that. >> all right, call the roll. >> commissioner hyde? >> aye. >> commissioner joseph? >> aye. >> commissioner lee? >> commissioner tan? >> aye. >> commissioner lee? >> aye. >> president newlin? >> aye. >> good luck and keep control of those poetry readings. [ laughter ] >> all right. sounds good. okay where are we at here? that was tim and liz ryan dba the sycamore, 2140
and coerced and overwhelmed with emotions. your in-laws, cousins. and follow instruction. also given the impression that this perpetrators, they believe they are using application drugs to make their victims unconscious and follow instructions. there's no evidence so far, even when i was working in hong kong, we never found any evidence on that. but there is a strong belief in that. second thing i want to say is language barriers. we found out in ones we have attacked in san francisco we find there is a huge limitation in this language services. i'm helping and actually i was donating a lot of my personal time in translating personal documents because they don't have an officer who have capacity of getting document translated.i covered my points because -- >> i just want to say thank you for your work. i really believe you go across the entire city above and beyond and you have done a lot of volunteering of your time. i'm sure you have done this a lot. i just want to say thank you for your service. it is really important. we rely a lot on you in the city. there should be more of you
rights director for council law center and we appreciate the time actually the superintendent, special superintendent has taken in pulling input from the community on this important m-o-u. at public council we have represented and provided support to thousands of students who have been pushed out of school and into the school to prison pipeline. if we want to really increase our graduation rates as we talked about this evening, in particular for our students who are most vulnerable and our students of color, school discipline must be handled by our schools first and foremost and not our police officers. the research shows very clearly that even one contact with the juvenile justice system quadruples a young person's chance of dropping out. so, this m-o-u really must focus on who we are referring to law enforcement, for what reasons we're doing it and utilize alternatives to arrest and ensure ongoing accountability along the lines of what these young people talked about. where the community knows what the data is, what the police are doing on our campuses and how they are interacting wi
about changes to density. it doesn't talk about whether it's in-law units? you know, in terms of how the housing affordability and the crisis that we're facing, it's such a multi-faceted problem. that as i said before, unless we have some huge massive influx of federal dollars so we can just build enormous amounts of below market rate housing, public investment is not going to get us out the hole we're in. it's one piece of the puzzle and i will stop using that phrase. [ laughter ] because i have said it too many times already. i'm they are going to start creating a drinking game around it every time i say it. it's not even close to the whole solution and my concern is that this presents a distorted and miss leading picturet planning commission whether project x fits or doesn't fit into where we need to go to resolve our housing crisis. this is not comprehensive and i think we all know how this information presented in this specific way will be used. the information exists. the [phr-rplts/] puts planning department puts out reports and the budget analyst puts out reports. this is bei
the message to law enforcement nationwide to refuse the execution of terry williams and also to make sure that dr. jessie mcdonald, regardless of how his case comes out, is not sent back to prison because our law enforcement is a very powerful tool and our sheriffs are the number one authority in the country, not the feds. and, so, it is given that the promised land will be found by the mystical magical beautiful path of a 40-day general strike. it is time for the students and the women to lead this nation with a beautiful 40-day general strike where we spend time with our families, our gardens, and put this corruption in d.c. on down from the bankers and all these greedy corrupt people to their knees and know that california is the most powerful state and we are the ones chosen to lead the way. blessings. >> thank you, sir. (applause) >> next speaker. >>> good afternoon, supervisors, commissioners. shaman walton, [speaker not understood]. just wanted to touch on what supervisor cohen was referring to earlier. in the summer of 2011 ycd was funding from the shipyard project provided a prog
. >> all right, could you give us a quick sample of the music? >> law enforcement >> [ [ laughter ] , no, you will have to come into the restaurant. >> >> after they left, did they run a dj as well? >> it did not work. >> they will sing love songs. >> some more cabaret? >> yes >> okay. piano lounge. >> any other questions from the commission? seeing none, any public comment? oh, mission station police department, would you like to comment on it? >> commissioners, commission station has reviewed the statement and we have no objection to the poe and we work forward to working with them and enjoying their great food. >> all right. any other questions for the police? okay. public comment? you can have a seat, if you want. >> good evening. hello. i'm ryan mcadam. i'm a condominium owner at 2027 market, which is one of the residences that is situated above the restaurant space. i purchased the property there in 2004, and i remember in 2006 when mr. steve webber came before the commission making very, very similar promises. and i can tell you that in fall of 2008, my life at home was
and the brown act. state laws and not just sunshine. they have to show the cause there. they would have done that. so the hearing process already done. the evidence is there. the show-cause is this. it's already in the minutes and already in the orders of determination. no need to repeat it. i think what is important here is [buzzer] after all of that is said and done, your deliberations is what is the enforcement. first get them to do what they were supposed to do. and if they don't do it, that could be considered willful failure and you can move forward. okay, am i making sense? >> you are. except when we met, this was the compromise situation we came to. we were not willing just to enforce. but the idea that we give the task force the presumption, have a show-cause hearing at which the respondent would be required and have the burden of proof to show why a violation did not occur. and then we would make a decision. so you know, i understand your point. and you made that argument when we met. and i respect it. but the decision that we as the commission made, we were going to have this kind
law, the health codes, learning to build coalitions, getting to know supervisors. and i would ask you to reappoint me so that i can continue my work on behalf of all san francisco's animals. thank you. >> thank you. susanna, i did have a quick question. first of all, thank you for your service on the commission already. could you speak to one issue or a legislation that you took particular interest in over your term as a commissioner? something that you worked on that you prioritized during your term. >>> okay. yes, i think the first thing that comes to mind is the fate of the ferrel cat kohl i inin the west end of golden gate park. and i was asked by community leaders to come out and look at the site. and we talked with rec and park about maintaining good habitat for this established colony. so, i think in general ferrel cats and wildlife and the indoor action between them, but that's an issue that i was involved with with the community. >> thank you. >>> um-hm. >> so, last but not least we have shari o'neill. >>> good afternoon. i am dr. shari o'neill and i've been a practicing vete
knowledge or there be any continuity. i was born and raised in chicago and i practiced law for 50 years. mayor daly, the real richard daly, he ran the city with an iron fist. but everything he did was open and [speaker not understood]. he was well known because that was when he was asked, why only a citizen [speaker not understood], one of his sons, he said, if you can't give it to your kids, who can you give it to? well, that's something he did in chicago, but everybody [speaker not understood]. here it's different and i think the mayor could learn a lot. mayor daly, i'm talking about. everything is handled differently. but the end result is the same because the two institutions that were designed for protection of open government have been [speaker not understood]. am i finished? >> you can finish your sentence, please. >>> you know who they are, the task force who will have new members who never attended the meetings, mr. capell the only exception, and we know about the ethics commission which has done nothing, nothing in all the years it's had referrals from the task force. thank yo
the appellant. >> okay. and again that falls in line with the municipal code, the law is very stubborn. i have other applicants that fall into it as well. >> but you don't have with you the application for the renewal of the existing permit, do you? >> not for nelson's, no. >> vice president fung: perhaps we should hear the rebuttal, and then -- >> okay. i just -- it's been so back and forth, i just wanted to make sure we're all talking about the same thing. >> vice president fung: officer, you still have time to make your rebuttal if you like. >> sure. on the nelson permit because that's what we're talking about. >> i believe nelson's is, at this juncture, mr. johnson you can refresh me, but i believe it was -- it should have been expired. he was applying for the bay bridge. so i think it will be over any way by the time this year is over. >> okay. thank you. >> when i'm looking at what was appealed and what was given to the department, the letter issued by the police department seems to be crossing wires. it refers to a denial of a permit for nelson's towing. it does not say revocation of pe
. and any kind of density and fight the housing element. and oppose in-law units and all of the kind of things that we can be doing to have an impact on the market and not have the escalating rents and housing prices that we see in san francisco. so i think there is a larger picture of housing affordability in the city that is not captured by a dashboard on a given project saying this is how much, low, very low, moderate housing that we have created so far. that is a tiny, tiny piece of the picture and that is sort of where i'm coming from. >> thank you. so supervisor olague, shall we open this up for public comment? >> i just wanted to comment that no one says this is the end-all, be-all. we just think it's one aspect of the bigger, really issue around providing more affordability to residents of the city. and as most of us know, many of
a lot of success, sb 10 88 was signed into law this year. hopefully providing also some smooth transition with youth coming out of the justice system enrolled back into school. so, i think the arrest trends that are highlighted in our report, and i would be happy to get you copies of them, is sore of worth a hearing in and of itself. but i think in terms of especially as you discussed barriers, making the connection between all of these and maybe we need a multi-system approach to ensuring that youth get the education that they need because often barriers occur. those other systems that are not necessarily immediately educationally related. so, thank you very much. >> so, again, i just want to thank you for really convening this hearing and moving forward. and i know we've gone over our time, but, you know, to try and consolidate the work that's been done over the last 40 years to address the issue, it's really difficult. i did just want to leave you with a couple of things just in terms of what we've considered and discussed within the african-american leadership council and w
Search Results 0 to 30 of about 31